The National Police Service has told the High Court that roadblocks mounted across Nairobi during the June 25 commemorations were not part of a planned security operation but were introduced as officers responded to emerging security concerns, insisting the measures did not breach existing court orders.
In court documents filed in response to a contempt application by Katiba Institute, Nairobi Regional Police Commander Issa Mohammed Mohamud says the security deployments were driven by developments on the ground and were not organised in advance in a manner that required the police to notify the public beforehand.
Mohamud, who swore the affidavit on behalf of the Inspector General of Police, argues that conservatory orders issued by Justice Lawrence Mugambi on July 9, 2025 did not prohibit police from putting up roadblocks, security checkpoints or diverting traffic.
Instead, he says the orders only required advance public communication where police intended to implement planned road closures or long-term traffic restrictions.
"I am advised that the true intent and spirit of the court order underscored the operational need for transparency, public predictability and the issuance of prior public notices or advisories whenever pre-planned, structural road closures are contemplated," Mohamud states.
According to the affidavit, no organisers submitted the mandatory notification to Officer Commanding Stations within Nairobi County at least three days before the June 25 demonstrations, as provided for under Section 5 of the Public Order Act.
He says the notification is not a request for permission to protest but a legal requirement that allows the police to prepare security arrangements, protect demonstrators and members of the public, and coordinate public safety during such events.
Mohamud argues that because the police did not receive any notices, there was no opportunity to prepare a structured traffic management plan before the demonstrations.
Instead, he says officers on the ground established temporary checkpoints after assessing security risks as the situation changed throughout the day.
"Any inevitable vehicular and pedestrian traffic inconveniences experienced on that day were entirely spontaneous and reactive, arising dynamically from real-time threats to public safety assessed on the ground by individual field and station commanders," he states.
The affidavit further says the deployment of checkpoints was not directed by the Office of the Inspector General but was left to local commanders, who made operational decisions based on the security situation within their respective areas.
According to the police, the temporary checkpoints were meant to identify people suspected of planning violence while allowing peaceful demonstrators and other road users to continue with their activities.
The police also maintain that, apart from security around protected government facilities, the checkpoints did not amount to a complete shutdown of roads or interfere with the constitutional right to demonstrate peacefully.
Mohamud says the establishment of temporary security checkpoints is provided for under the National Police Service Act, the Public Order Act and the National Police Service Standing Orders, making the deployments lawful.
He asks the High Court to dismiss the contempt proceedings, arguing that the application is based on speculation and seeks to interfere with operational decisions made by officers responding to fast-changing security circumstances.
The affidavit responds to a case filed by Katiba Institute seeking to have the Inspector General found in contempt over the roadblocks erected across Nairobi during the June 25 commemorations.
The rights organisation argues that police ignored conservatory orders issued by Justice Lawrence Mugambi in July 2025, which barred them from blocking access to Nairobi's Central Business District and other public roads without first informing the public.
According to the application, police mounted roadblocks at several entry points into Nairobi, including Roysambu, Kangemi, Ngong Road, City Mortuary Roundabout, Integrity Centre, Uhuru Highway, Moi Avenue, Parliament Road, Karen, Kitengela, Ruiru and Githurai, without issuing prior notice.
“The conduct set out above constitutes a direct and deliberate violation of the orders of this Honourable Court and warrants immediate judicial intervention,” the application states.
Katiba Institute argues that the roadblocks disrupted the movement of people travelling to work, seeking medical care and attending to other daily activities.
The organisation wants the High Court to cite the Inspector General for contempt and impose appropriate sanctions, saying the alleged failure to obey the court orders threatens respect for the rule of law.